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(영문) 수원지방법원 2018.04.18 2017고단8544
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, at around 16:00 on September 12, 2017, the Defendant promised to receive KRW 3 million per unit in return for lending from a person who assumes a false name who assumes the position of an employee of the liquor company to the account to be used for tax reduction or exemption from the liquor company, and lent a copy of the physical card connected to the national bank account (B) in the name of the Defendant to the non-person in whose name the account is attached to the national bank account in the name of the Defendant. On the other hand, the Defendant promised to give a license to the non-person in whose name the account number and password are notified to the Kakao Stockholm in return for receiving the consideration.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of a written confirmation of the results of electronic financial transfer related to A-related national bank, and of revolving data-related statutes;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

1. The crime of lending an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention of the workhouses is a means to facilitate other crimes committed against many and unspecified persons, such as Bosing, and the fact that the physical card offered by the Defendant was actually used for the crime of licensing, and that the Defendant reflects the wrongness of the Defendant.

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